Legal Question in Family Law in Massachusetts
Taking a Child Out of State
I would like to move to North Carolina from Mass. My daughters father does not want me to. We have never gone to court and he does not pay me regular child support...we were never married. He is threatening to take me to court but I know that he doesn't have any money. I plan on letting him take her during school vacations, holidays and even the entire summer. I have an opportunity for better living out there. Can I take her without getting in trouble? He is saying it is kidnapping without his permission. Please let me know if I am able to leave until he actual does something. I would like to go by the end of the summer. Thanks
2 Answers from Attorneys
: Taking a Child Out of State
This is a common question. If you search the LawGuru data base you will see prior responses.
The general rule is that in the absence of any past or present court involvementm you may move.
Should you need assistance, or have any questions, contact me.
Re: Taking a Child Out of State
Absent a court order, you may do so, as this is not a child of a marriage. However, if any court order exists, you should go to the court to seek to modify the visitation. This affirmatively notifies the court of your intentions, and says, "I am and will be fair." It also serves as a "preemptive strike" should he file after you leave, but during the 6 months that Massachusetts retains jurisdiction over custody.
At the very same time, if child support is owed, file and serve your Complaint for Contempt. On the return date, the court mediator will seek to resolve the whole ball of wax -- and his protests that you are unfair will be given the weight they deserve.
If you would like further advice or assistance, please feel free to contact me.
Greg Lee
www.gregleelaw.com
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